snownsun13
Junior Member
My question involves a security deposit in the State of: California
I rent a single family home that was due to be foreclosed on April 1, 2010. I have just received notice within 48 hours prior to sale, that trustee has postponed this action 30 days while a loan modification is negotiated.
I know that CA Lease Agreement per C.A.R. includes terms that a security deposit may not be used in lieu of a last month's rent. However, our security deposit was transferred to landlord instead of being held in broker's trust account, so it is highly unlikely I would see this returned without filing some sort of legal action against landlord post-foreclosure.
There are reasonable rentals available in my area. I would like to give 30 days notice of my month-to-month lease without paying a final month's rent due to the fact my deposit will likely not be returned. Would this be possible?
Does notice of trustee sale provide for constructive notice of eviction?
I rent a single family home that was due to be foreclosed on April 1, 2010. I have just received notice within 48 hours prior to sale, that trustee has postponed this action 30 days while a loan modification is negotiated.
I know that CA Lease Agreement per C.A.R. includes terms that a security deposit may not be used in lieu of a last month's rent. However, our security deposit was transferred to landlord instead of being held in broker's trust account, so it is highly unlikely I would see this returned without filing some sort of legal action against landlord post-foreclosure.
There are reasonable rentals available in my area. I would like to give 30 days notice of my month-to-month lease without paying a final month's rent due to the fact my deposit will likely not be returned. Would this be possible?
Does notice of trustee sale provide for constructive notice of eviction?
